Governing Law; All Sales made in Ohio
These terms and any sale hereunder will be governed by the laws of the State of Ohio, without regard to conflicts of laws rules, regardless of the location of the customer. Any dispute, action, or litigation must be brought in Ohio and customer consents to the jurisdiction of the Federal and State Courts located in Ohio, submits to the jurisdiction there, and waives the right to change venue. Customer hereby agrees that such venue is appropriate and that Tranztec's agreement to sell and deliver products to the customer is depedent on this provision.

Non-US or Export Sales
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.

The commodities, technology and/or software sold or distributed under these Terms may not be exported or re-exported to countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

Warranties
Customer understands that Tranztec is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Tranztec. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Tranztec or its affiliates. TRANZTEC AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Pricing Information
All pricing is subject to change. Tranztec reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability.

We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Tranztec harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees.

Limitation of Liability
NEITHER TRANZTEC SOLUTIONS NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER TRANZTEC SOLUTIONS NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY TRANZTEC SOLUTIONS OR ITS AFFILIATES, NEITHER TRANZTEC SOLUTIONS NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Return Privileges
All returns require prior authorization. Returns must be authorized by us within 30 days of the invoice date. Please return all products 100% complete. This includes manufacturer box, UPC label, packing materials, all manuals, blank warranty cards and accessories. Return privileges are contingent upon various manufacturer policies. Tranztec reserves the right to decline return requests based on those policies. Please verify policies for specific item(s) with a member of of Customer Service staff.  You must call our customer service staff at 888-854-0099 and request an RMA number prior to returning any product.  After 30 days, the manufacturer's warranty process must be followed.

Please do not write on or damage the manufacturer box.

Customer is responsible for shipping charges to Tranztec's distribution center for all products being shipped back to Tranztec. Products exchanged or replaced will be shipped by Tranztec to Customer, at Tranztec’s expense, using the same shipping method as was used by Customer to ship the original products back to Tranztec. If the carrier selected by Customer is not used by Tranztec, a comparable shipping method will be selected.

Customer is responsible for all risk of loss and damage to products being shipped back to Tranztec. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return.

Return shipping address:
Tranztec Solutions, Inc.
Attn: Returns
(Place the RMA number on this line)
622 Main St.
Genoa, Ohio 43430

Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Tranztec immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Tranztec Customer Support at 888-854-0099 of damaged products WITHIN THE FIRST 7 DAYS of receipt. Timely receipt of this information is necessary for Tranztec to file a damage claim.

Our Hosting Services Terms and Conditions Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Application Hosting, e-Commerce or other Internet-related services (the "Services") provided by Tranztec Solutions, Inc. (Tranztec). As used in this Agreement, "Tranztec" means Tranztec Solutions, Inc., and "Client", "you", or "your" means you. By submitting an order, using our services, and/or clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Tranztec website. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Tranztec website" refers to the Site located at the URL http://www.tranztec.com, or any other successor Sites owned or maintained by Tranztec Solutions, Inc.

1. APPROPRIATE USE OF THE SERVICES:

Tranztec provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

• Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Tranztec server in connection with Client's use of the Services which:
  • Violate any state, federal or foreign laws or regulations;
  • Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Tranztec or any third party;
  • Are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age or promotes hate;
  • violate any Tranztec policy posted on the Tranztec website including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
  • contain viruses or other computer programming defects which result in damage to Tranztec or any third party.
• Bandwidth. Client may occupy only the amount of disk space on the Tranztec servers and utilize no more than the network bandwidth that is allotted by Tranztec. Additional fees, specified in the Hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
• No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Tranztec, or otherwise, that mentions or reference any domain hosted on Tranztec servers or parked on Tranztec DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
• Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
• Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Tranztec; however, Tranztec does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.
• Termination. Tranztec reserves the right to refuse service to anyone. Tranztec, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@tranztec.com. 

2. PAYMENT OBLIGATIONS:

• Service Fees. By the Tenth (5th) of each month, Tranztec shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Tranztec Solutions, Inc. (Tranztec) by no later than 10 days after the specified payment due date. Tranztec shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments. Certain services carry a set-up fee charged by Tranztec to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Tranztec and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly or quarterly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Tranztec for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
• Domain Names. If Client chooses to register a domain name(s) through Tranztec, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Tranztec Solutions, Inc. (Tranztec) does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Domain Name Registration and Renewal Policy
  
  Tranztec will make every effort to register and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration and/or renewal. Your domain name may go unregistered and/or renewed, due to circumstances beyond our control, and will not be grounds for compensation of financial loss. An order for domain name registration and/or renewal, does not guarantee domain name registration and/or renewal. Domain names will not be registered and/or renewed until payment is received. If requested domain name is not registered and/or renewed by Tranztec, the domain registration fee will be refunded.
  
  All domain names, registered by Tranztec, are done so in the name of the customer placing the order. Tranztec will be listed as Technical Contact only.
  
  By placing an order for domain registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy, IP Claim Service Agreement and Registration Agreement.
  
  For .US, .CC, .CO.UK and .NAME domain registration, please see the applicable policy link below:
  
  .CC: http://www.tranztec.com/ccexhibita.html
  .UK: http://www.tranztec.com/ukexhibita.html
  

3. CLIENT LIABILITY AND INDEMNIFICATION:

• The parties agree that in no event shall Tranztec be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Tranztec from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT:

• Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the end of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
• If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Tranztec will maintain an archival copy of Client's Web site for Seven (7) days after Tranztec receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

5. TAXES:

• Client will pay and indemnify and hold Tranztec harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY:

• THE SERVICES, THE TRANZTEC WEBSITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE TRAZTEC SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TRANZTEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRANZTEC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY:

• IN NO EVENT SHALL TRANZTEC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE TRANZTEC  SITE OR ANY TRANZTEC PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL TRANZTEC CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($200 US).

8. MISCELLANEOUS:

• Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

  If to Tranztec Solutions, Inc.:

  Tranztec Solutions, Inc.
  622 Main St.
  Genoa, OH 43430
  UNITED STATES

  If to Client:

  Name and address provided for account setup.
   

• If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Tranztec. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Tranztec’s policies are subject to change by Tranztec without notice. Continued usage of the Services after a change to this Agreement by Tranztec or after a new policy is implemented and posted on the Tranztec constitutes your acceptance of such change or policy. We encourage you to regularly check the Tranztec website for any changes or additions.

As a provider of web site hosting, and other Internet-related services, Tranztec offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commFercial information. Tranztec respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Tranztec reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Tranztec has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Tranztec’s services. This AUP will be revised from time to time. A customer's use of Tranztec’s services after changes to the AUP are posted on Tranztec’s web site, www.tranztec.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, they also must keep in mind that Tranztec does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Tranztec’s network and may reach a large number of people, including both clients and non-clients of Tranztec, clients' postings to the Internet may affect other clients and may harm Tranztec’s goodwill, business reputation, and operations. For these reasons, clients violate Tranztec policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

• Spamming
• Intellectual Property Violations
• Adult Material
• Defamatory or Abusive Language
• Forging of Headers
• Illegal or Unauthorized Access to Other Computers or Networks
• Background Running Programs
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
• Facilitating a Violation of this AUP
• Export Control Violations
• Usenet Groups
• Other Illegal Activities
• Other Activities

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Tranztec, but also because it can overload Tranztec's network and disrupt service to Tranztec clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Tranztec has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more informtion.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Tranztec is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Tranztec’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Tranztec has been forced to create its no adult sites policy for its virtual server users.

What does Tranztec consider "Adult Material?"

• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
• Revenue-generating hyperlinks to sites who violate policy #1.

Why does Tranztec have this policy?

Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Tranztec reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language

Using Tranztec’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs

Background Daemons in general are prohibited on Tranztec servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

Tranztec will be the sole arbitor of what consitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups

Tranztec reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that Tranztec determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Tranztec will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Tranztec policy or applicable law. When Tranztec becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Tranztec also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Tranztec urges its clients to assume that all of their on-line communications are insecure. Tranztec cannot take any responsibility for the security of information transmitted over Tranztec’s facilities.

Tranztec will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Tranztec may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Tranztec may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Tranztec assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Tranztec may disclose client information or information transmitted over its network where necessary to protect Tranztec and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Tranztec and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to mailto:abuse@tranztec.com.

The abuse and misuse of e-mail is a serious problem, and Tranztec will not tolerate it.

Definition of UCE (Unsolicited Commercial E-mail), or SPAM:

• The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Tranztec or any URL (domain) that is hosted by Tranztec.
• Unsolicited postings to newsgroups advertising any IP or URL hosted by Tranztec.
• The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Tranztec.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM:

Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

Tranztec Solutions, Inc.:

SPAM is not only harmful because of its negative impact on consumer attitudes toward Tranztec, but also because it can overload Tranztec's network and resources, especially on our shared (virtual) server environments.

Our Providers:

Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that Tranztec does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM:

Tranztec reserves the right to terminate, without warning, any account that violates this policy. Usage of Tranztec services constitutes acceptance and understanding of this policy.

Tranztec may, at its option, charge $25.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers, receiving SPAM complaints. Reseller may choose to pass this charge down to their client. These are non-refundable charges and will be invoiced at the time of complaint notification.

Tranztec reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Should you choose to e-mail from Tranztec servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

- Basic Mailing List Management Principles for Preventing Abuse

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other Tranztec policies are subject to change by Tranztec without notice. Continued usage of the services after a change to this policy is implemented and posted on the Tranztec website constitutes your acceptance of such change or policy. We encourage you to regularly check the Tranztec website for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.